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To learn more about Hennessy & Roach services,
reach us at:
Chicago: 312-346-5310
Fax: 312-346-5330
St. Louis: 314-231-0770
Fax: 314-231-0990
Springfield: 217-726-0037
Fax: 217-726-0137
______________________
140 S Dearborn
St., Suite 520
Chicago, IL 60603
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CHAPTER 815
BUSINESS TRANSACTIONS
Waste Oil Recovery Act.
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(815 ILCS 440/1) (from Ch. 96
1/2, par. 7701)
Sec. 1. Short title. This Act shall
be known and may be cited as the "Waste Oil Recovery Act".
(Source: P.A. 81-379.)
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(815 ILCS 440/2) (from Ch. 96
1/2, par. 7702)
Sec. 2. Definitions. As used in
this Act, unless the context otherwise requires, words and phrases
shall have the meanings ascribed to them in Sections 2.1 through
2.10.
(Source: P.A. 81-379.)
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(815 ILCS 440/2.1) (from Ch. 96
1/2, par. 7702.1)
Sec. 2.1. "Waste oil" or "used
oil" means any oil which has been refined from crude oil,
has been used, and as a result of such use has been contaminated
by physical or chemical impurities.
(Source: P.A. 81-379.)
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(815 ILCS 440/2.2) (from Ch. 96
1/2, par. 7702.2)
Sec. 2.2. "New oil" means
any oil which has been refined from crude oil and has not been
used, and which may or may not contain additives. Such term does
not include used oil or recycled oil.
(Source: P.A. 81-379.)
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(815 ILCS 440/2.3) (from Ch. 96
1/2, par. 7702.3)
Sec. 2.3. "Recycled oil" means:
(a) used oil from which physical
and chemical contaminants acquired through use have been removed
by re-refining or other processing, or
(b) any blend of oil, consisting
of such re-refined or otherwise processed used oil and
new oil or additives with respect to which the manufacturer has
determined, pursuant to the rule prescribed under Title V, Section
383 of the Federal "Energy Policy and Conservation Act" (P.L.
94-163) and promulgated by the Federal Trade Commission,
is substantially equivalent to new oil for a particular end use.
(Source: P.A. 81-379.)
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(815 ILCS 440/2.4) (from Ch. 96
1/2, par. 7702.4)
Sec. 2.4. "Lubricating oil" means
all oil regardless of origin which:
(a) is suitable for use as a lubricant
or
(b) is sold for use as a lubricant.
(Source: P.A. 81-379.)
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(815 ILCS 440/2.5) (from Ch. 96
1/2, par. 7702.5)
Sec. 2.5. "Automotive oil" means
all oil including lubricating and hydraulic oil, which is used
in automobiles, trucks, buses, motorcycles and all other motorized
vehicles which travel on or off roads and highways.
(Source: P.A. 81-379.)
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(815 ILCS 440/2.6) (from Ch. 96
1/2, par. 7702.6)
Sec. 2.6. "Fuel oil" means
all oil which has been refined, re-refined or reclaimed
for the purpose of being burned to reproduce heat.
(Source: P.A. 81-379.)
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(815 ILCS 440/2.7) (from Ch. 96
1/2, par. 7702.7)
Sec. 2.7. "Person" means
any individual, partnership, firm, company, corporation, association,
political subdivision, State agency or any other legal entity
and any officer or agent thereof.
(Source: P.A. 81-379.)
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(815 ILCS 440/2.8) (from Ch. 96
1/2, par. 7702.8)
Sec. 2.8. "Department" means
the Department of Commerce and Community Affairs.
(Source: P.A. 89-445, eff.
2-7-96.)
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(815 ILCS 440/3) (from Ch. 96
1/2, par. 7703)
Sec. 3. Legislative finding. The
General Assembly finds:
(a) that a great volume of waste
oil is being disposed of in ways that pollute the waters, air
and lands of the State of Illinois.
(b) that this
oil is a valuable natural resource, the conservation of which
can benefit the people of Illinois.
(c) that the
absence of legislative direction has historically acted to inhibit
the reuse of this resource.
(Source: P.A. 81-379.)
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(815 ILCS 440/4) (from Ch. 96
1/2, par. 7704)
Sec. 4. Purpose. The General Assembly
declares that to the maximum extent possible, consistent with
this Act and other State and federal laws, all forms of used
petroleum based oils shall be recycled.
The purpose of this Act shall be
to enhance, promote and facilitate the highest beneficial uses
of all forms of used petroleum based oils in order to:
(a) encourage the recycling of
used oil;
(b) promote the use of recycled
oil;
(c) reduce consumption of new oil
by promoting increased utilization of recycled oil;
(d) reduce environmental hazards
and wasteful practices associated with the disposal of used oil;
and
(e) protect the health and welfare
of the people of Illinois.
(Source: P.A. 81-379.)
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(815 ILCS 440/5) (from Ch. 96
1/2, par. 7705)
Sec. 5. The Department shall be
responsible for administering the provisions of this Act.
The Department shall encourage
the voluntary collection and recycling of used oil by retail
sellers of more than 500 gallons per year of lubricating oil.
The Department shall also provide technical assistance to persons
or businesses interested in such collecting and recycling.
(Source: P.A. 82-592.)
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(815 ILCS 440/6) (from Ch. 96
1/2, par. 7706)
Sec. 6. Any establishment engaged
in retail sales of automotive lubricating oils is urged to post
a sign clearly visible to the public in every area where automotive
lubricating oils are sold, indicating the closest used oil storage
facility. The sign shall be a minimum size of 8 1/2 inches by
11 inches and shall be available from the Department of Commerce
and Community Affairs upon request by a retail seller of 500
or more gallons per year of automotive lubricating oil.
(Source: P.A. 89-445, eff.
2-7-96.)
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(815 ILCS 440/7) (from Ch. 96
1/2, par. 7707)
Sec. 7. No lubricating oil, regardless
of its origin, or any product that is a blend of recycled oil
and new oil shall be sold, offered for sale or delivered for
use in an internal combustion engine unless such product is substantially
equivalent to new oil for the particular end use for which it
is labeled as determined by test procedures promulgated by the
Federal Trade Commission as prescribed under Title V, Section
383 of the federal "Energy Policy and Conservation Act" (P.L.
94-163). This Section shall take effect six months after
the promulgation of federal standards concerning the use of recycled
oil as a lubricating oil and the use
of recycled oil as a fuel oil, or six months from the effective
date of this Act, whichever is later.
(Source: P.A. 81-379.)
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(815 ILCS 440/8) (from Ch. 96
1/2, par. 7708)
Sec. 8. The Department shall, in
conjunction with appropriate government departments and agencies,
institutions, and industry groups conduct public information
and educational programs designed to inform the public of the
efforts of the State of Illinois in
regard to the recycling of oil in order to conserve a vital natural
resource.
(Source: P.A. 82-592.)
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(815 ILCS 440/9) (from Ch. 96
1/2, par. 7709)
Sec. 9. All State officials shall
act within their authority to encourage the use of recycled oil
and prohibit any discriminatory action which would be discouragement
to the use of recycled oils.
(Source: P.A. 81-379.)
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